Re:This Is Apple's Next iPhone
by bmalicoat on Monday April 19, 2010 @12:48PM
(#1277150)
I think all Gruber meant was that Giz knew the seller didn't own it so it was akin to knowingly buying stolen merchandise. Plus one Engadget blogger (who I think is a lawyer) pointed out on twitter that CA requires the finder to remit the property to the police or original owner, who in this case was fairly obvious to the finder given that they knew gadget blogs would want it.
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Re:This Is Apple's Next iPhone
by jasonlbaptiste on Monday April 19, 2010 @12:56PM
(#1277189)
This is what Gizmodo wants. In order for Apple to get it back, they need to state it's their property. If Apple doesn't state this, it could easily be anybody's including a manufacturer in China who made a knock off.
I'm not sure that's a very wise tradeoff by Gizmodo. I think it's pretty clear this belongs to Apple, it's just not entirely clear if it's an accurate representation of the 4G iPhone.
Even so, couldn't Apple drag their feet and not actually confirm it's theirs until two months from now when they unveil it, and then sue the pants off of Gizmodo?
Re:This Is Apple's Next iPhone
by jasonlbaptiste on Monday April 19, 2010 @01:15PM
(#1277264)
24 hours ago we all thought it was a fake, so it's not "clearly Apple's". Until Apple claims it, it's not theirs. Could Gizmodo call and say: "hey we think this is yours, if so, let us know, and well give it back" sure, they could and probably will.
Yeah, Gizmodo might get sued, they know this. Gawker takes risks like this and it's worth it to them.
I agree, paying for the 'lost' prototype seems rather dubious. The story about finding the phone in a bar may simply be cover to protect the finder's identity, but assuming it was true, who's to say that it was 'found' and not pick-pocketed? Whoever lost the phone has every incentive to claim it was stolen, and it would be hard to prove otherwise.
Here's the link to Nilay's tweet that you referenced:
http://twitter.com/reckless/status/12440641435
He was indeed previously a copyright attorney.